Court : Supreme Court of India
..... supreme court of india & ors.90 the minority judgment of subba rao and shah, jj.eventually became law in rustom cavasjee cooper vs. union of india91(bank nationalisation case), where the 11 judge bench finally discarded the view expressed in a.k. gopalan and held that various 90(2014) 9 scc73791(1970) 1 scc248119 fundamental ..... both civil and otherwise, against the central bank of india limited, which was at that time a company incorporated under companies act. the grievance of the petitioner in that case was that the shares held by him in the company were sold by the bank in exercise of its right of lien for recovery of a debt. therefore ..... trade unions at all times. one employee whose services were terminated was not reemployed, as he refused to accept the special condition. therefore, he sued the company for damages and claimed a declaration that his dismissal was a violation of the constitutional rights. holding that the constitutional right of citizens to form associations and unions .....
Tag this Judgment!Court : Supreme Court of India
..... dismissed the petition6 filed by the petitioner, ntpc limited7. 12 ntpc and the respondent, afcons-shetty and company private limited- jv8, entered into a contract for the construction of a desilting arrangement package for koldam ..... be changed by mutual consensus, and not otherwise. further, post the enforcement of the arbitration amendment act, 2019 vide act 33 of 2019 on 30th august 2019, and insertion of sub- section (3a) to section ..... of claim and counter-claim ................................................ 100 d.2.1 in re arbitration proceedings ....................................................... 100 (i) statutory framework of the arbitration act ................................. 100 (ii) academic discourse .................................................................... 105 (iii) judicial pronouncements ............................................................ 107 d.2.2 in re civil proceedings ................................................................. 109 .....
Tag this Judgment!Court : Supreme Court of India
..... across the country, whereby prayer for grant of bail/quashing/discharge stood rejected, as also, special 4 for short, 1962 act or the customs act 5 for short, cgst act 6 for short, companies act 7 for short, pc act 8 for short, ipc 9 for short, cr.p.c. or the 1973 code 23 leave petitions concerned with issues other ..... offence ended402. reliance has been placed on gokak patel volkart ltd. vs. dundayya gurushiddaiah hiremath & ors.403, wherein this court while dealing with section 630 of the companies act, held that the offence of wrongful possession is recurring and continues until the wrongful possession is put to an end. this court further held 400 469. commencement of ..... supra at footnote no.286); satpal singh (supra at footnote no.289); and niyazuddin sk. (supra at footnote no.288); and (v) section 212(6) of the companies act [nittin johari (supra at footnote no.291)].. 449135. we are conscious of the fact that in paragraph 53 of the nikesh tarachand shah642, the court noted that it had .....
Tag this Judgment!Court : Supreme Court of India
..... the corporate debtor of the amount demanded. the kmbl further issued a winding up notice dated 6th may, 2008 under sections 433 and 434 of the companies act, 1956 to the corporate debtor. 46. aggrieved by the continuous default of payment by the corporate debtor and the borrower entities, kmbl filed three applications under ..... ibc was brought into force, the recovery certificate holders lost their right to use their certificate as a decree for initiating winding up proceedings under the companies act. shri viswanathan relied on the judgment of the tripura high court in the case of subhankar bhowmik vs. union of india and another5 in support of ..... decree or order of the court for the purposes of initiation 55 of winding up proceedings against a company registered under the companies act, 2013 (18 of 2013) or limited liability partnership registered under the limited liability partnership act, 2008 (9 of 2008) or insolvency proceedings against any individual or partnership firm under any law .....
Tag this Judgment!Court : Supreme Court of India
..... (iii) since the disinvestment of 70.5 per cent shares in the first instance is not under challenge, hzl has ceased to be a government company governed by the nationalisation act 1976. effective management and control stand transferred to sovl. the transfer of 29.54 per cent of the residual equity shareholding by the union government ..... so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in ..... , and by the provisions of sections 4, 7 and 9 of the nationalisation act 1976, under which the acquired undertaking was vested in a government company within the meaning of section 617 of the companies act 1956; (v) in 2002, the union government acted in a manner contrary to the express mandate of the statute when it .....
Tag this Judgment!Court : Supreme Court of India
..... of a non-signatory to the agreement s objection to a foreign award under section 48(1)(a).44. in dallah s case (supra), a saudi company applied under the united kingdom s arbitration act, 1996 for leave to enforce an award against a ministry of the government of pakistan. there was no doubt on the facts of that case that the ..... a claim for damages 67 under the contract, and (2) over the second arrest as it was part and parcel of the original arrest. xxx xxx xxx 44. in alliance jute mills co. ltd. v. lalchand dharamchand [air1978cal 19]. disputes between the parties to a commercial contract were arbitrable under the bye-laws of the east india ..... jute & hessian exchange association and the relevant bye-law ran thus: all matters, questions, disputes, difference and/or claims arising out of and/or concerning and/or in connection with and/ .....
Tag this Judgment!Court : Supreme Court of India
..... xx xx 123. in the light of foregoing discussions it is declared that until the provisions in parts 1b and 1c of the companies act introduced by the companies (amendment) act, 2002, which have been found to be defective in as much as they are in breach of the basic constitutional scheme of ..... members who will have a reasonable period of service.38. subsequently, the companies act, 2013 was enacted, repealing the companies act, 1956. the said act provided for establishment of national company law tribunal and national company law appellate tribunal. the provisions of the new companies act, 2013 were upheld by this court subject to certain modifications as provided ..... and underlined that the divestment of such jurisdiction was prohibited by the constitution. madras bar association19 ( mba- ii ) considered the amended provisions of the companies act and proceeded to pronounce that many of them could not pass muster of the constitution. once again, as in r. gandhi (supra), this court was .....
Tag this Judgment!Court : Supreme Court of India
..... respondent 3 which had taken over the management of respondent 4 became sick and proceedings were initiated under the sick textile undertakings (nationalisation) act, 1974 (for short the act ). the appellant filed suit for recovery against the guarantors and the principal debtor of the amount claimed by it. the following preliminary ..... into force certain provisions that had the effect of operationalizing the enactment in respect of four distinct categories, i.e. companies incorporated under the companies act, companies governed by special act, llps and other bodies incorporated under any law which the central government could by notification specify. these provisions triggered the ..... or liquidation proceedings of such corporate debtor. an adjudicating authority , defined under section 5(1) of the code, means the national company law tribunal constituted under the companies act, 2013. 7224. the scheme of sections 60(2) and (3) is thus clear the moment there is a proceeding against .....
Tag this Judgment!Court : Supreme Court of India
..... exercised all due diligence to prevent the commission of such offence. (2) notwithstanding anything contained in sub- section (1), where an offence under this act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of ..... and who has obtained a certificate of practice under sub-section (1) of section 6 of that act; (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the company secretaries act, 1980 or any other law for the time being in force and who has obtained a certificate of ..... statutory authority or any corporation established by or under any central, state or provincial act or a government company, as defined under clause (45) of section 2 of the companies act, 2013, which is not a promoter as per the provisions of this act; (b) act, for or on behalf of any person or organisation in connection with any specific .....
Tag this Judgment!Court : Supreme Court of India
..... to be a foreign award under part ii of the arbitration and conciliation act, 1996 [ arbitration act ]. and be enforceable as such. factual background 3.1. the appellant is a company incorporated under the companies act, 1956 with its registered office at ahmedabad, gujarat. the respondent is a company incorporated under the companies act, 1956 with its registered 1 office at chennai, tamil nadu, and is ..... in ralli brothers, [1920]. 2 k.b.287. for when the fact is found that the very thing which the parties intended to do was to export the jute bags from india in order that they might go via genoa to the union of south africa, it appears to me irrelevant that upon the face of the 88 documents ..... . both parties contemplated that they should be shipped from india to genoa for resale in south africa. the parties were also aware that the export of jute from india to south africa was prohibited by indian law. despite the fact that english law was the proper law of the contract, the house of lords .....
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